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Trial Required in Pennsylvania Failure to Protect Suit
Loaded on Aug. 15, 2001
published in Prison Legal News
August, 2001, page 13
A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity.
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Qualified Immunity.
Location:
Pennsylvania.
State prisoner Richard Pearson was stabbed six times by several prisoners in a hallway while he was housed in …
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More from this issue:
- New York Guards Watch as Prisoner Kills Cellmate
- From the Editor
- Executive Director Note
- $1.1 Million Awarded in Texas Restraint Chair Settlement, by Ronald Young
- Michigan DOC Sex Abuse Suit Nets Nearly $4 Million, by Roger Smith
- Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees
- Brutality Behind the Orange Curtain, by Willie Wisely
- Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review, by John E Dannenberg
- INS Force-Feeds Long-Term Detainee, by Mark Dow
- BOP Changes Organ Transplant Policy, by Robert Durkee
- Pelican Bay Policy Banning Internet-Generated Mail Upheld
- 305 Days in New York SHU Is Atypical
- Trial Required in Pennsylvania Failure to Protect Suit
- Notes From the Unrepenitentiary: Whose Security?, by Marilyn Buck
- New York Nazi Guard Charged with Sodomy
- Unjust Rape Conviction Nets New York Man $530,000
- Habeas Hints: Apprendi, by Kent Russell
- Turkish Prisoners Struggle Against Transfers, by Julia Lutsky
- Two Escape from Oklahoma Control Unit
- U.S. Supreme Court Requires Futile Administrative Exhaustion
- Washington Civil Commitment Injunction Upheld
- Arizona Supreme Court Rules on 1993 Earned Release Statute
- $80,000 Settlement in CDC Transsexual Suit
- Court Awards $146,000 in Arizona Medical Indifference Case, by Lonnie Burton
- Kansas Disciplinary Restitution Orders Authorized
- Pre-Sentence Detention Earns Good Time Credits in Montana Prison
- PLRA Attorney Fee Cap Analyzed
- Dismissal of Washington Persistent Prison Misbehavior Charge Upheld
- Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible
- Kansas 2-Year Visiting Restriction Unauthorized
- Arizona Judgment Seizure Statute Upheld; Fees Protected
- Retaliation Claim Not Foreclosed by Sandin
- New York District Court Reversed for Failure to State Legal Reasoning
- Washington ISRB May Rescind Parole after Final Discharge
- No Due Process for Washington Sex Offender Registration
- News in Brief
- Washington Sex Offenders Settle Suit for $150,000
- DC Prisoner Wins $175,000 in Conditions Case, by David C Fathi
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).

